Florida Board Certified Construction Attorney

Avvo Q&A #3: Is a Notice of Commencement Binding, if the Contractor has the Wife Sign the Husband’s Name without Husband’s Knowledge?

Christopher J. Weiss

Whether a spouse is bound by the others signature is governed by F. S. 713.12 Liens for improving real property under contract with husband or wife on property of the other or of both.—When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her spouse and the property is owned by the other or by both, the spouse who contracts shall be deemed to be the agent of the other to the extent of subjecting the right, title, or interest of the other in said property to liens under this part unless such other shall, within 10 days after learning of such contract, give the contractor and record in the clerk’s office, notice of his or her objection thereto. http://www.avvo.com/legal-answers/is-a-notice-of-commencement-binding–if-the-contra-1754271.html#answer_3974227